Court of Appeal overturns RM1.1mil award in Ivana Smit case
The Malaysian Court of Appeal overturned a previous ruling that ordered the government to pay damages to the mother of Ivana Smit, a Dutch model who died in 2017. The court ruled that police do not owe a private law duty of care to individual complainants regarding the conduct of investigations.
Why it matters
This ruling clarifies the legal boundaries of police accountability and the separation of powers between the judiciary and executive branches in Malaysia.
Teenage Dutch model Ivana Smit was found dead at CapSquare Residence on Dec 7, 2017, after falling from a condominium unit on the 20th floor. (Instagram pic)
PUTRAJAYA: The Court of Appeal has set aside a High Court ruling ordering the government and police to pay RM1.1 million in damages to the mother of Dutch model Ivana Smit over alleged failures in investigating her death in 2017.
A three-member bench chaired by Justice Zaini Mazlan, with Justices Ong Chee Kwan and K Muniandy, allowed the government’s appeal and set aside all damages, interest and mandatory orders. There was no order as to costs.
Justice Muniandy, who read the broad grounds of judgment, said the police did not owe a private law duty of care to individual complainants or relatives in deciding how investigations should be conducted.
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